Terms and Conditions
The following are the Terms and Conditions (the "Agreement") which govern your access and use of our online platform through which counseling may be provided (collectively the "Platform"). The Platform may be provided or be accessible via multiple websites or applications whether owned and/or operated by us or by third parties, including, without limitation, the website marengoexec.com and its related apps.
By accessing or using the Platform, you are entering into this Agreement. You should read this Agreement carefully before starting to use the Platform. If you do not agree to be bound to any term of this Agreement, you must not access the Platform.
When the terms "we", "us", "our" or similar are used in this Agreement, they refer to any company that owns and operates the Platform (the "Company").
Coaching Contract For Marengo Clients
Description of Coaching: Coaching is a thought-provoking and creative process designed to facilitate the development of personal, professional or business goals and actions for achieving those goals.
Client agrees to:
Pay Marengo [Krewe LLC] invoice on time before sessions
Deliver anything for Coach to review at least 48 hours before the session, unless otherwise agreed upon.
Schedule the sessions at least two weeks before the first of the month.
Provide 48-hours’ notice for rescheduling. Marengo reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting.
A. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that both the Coach and Marengo are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
B. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
C. Client acknowledges that coaching does not involve the diagnosis or treatment of mental health concerns and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
D. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
E. If Client is a business partnership, it is understood that everything shared with the Coach is shared with the other partner. The Coach will not hold secrets from the other partner. If anything is shared with the coach that the coach deems relevant to the partnership, it must be shared with the other partner before or within the first five minutes of the next session.
Confidentiality, Intellectual Property and Data Privacy
Coach and Client enter into this agreement respecting each other’s privacy and intellectual property and agree to consider this a mutual non-disclosure agreement. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any personally identifiable information pertaining to the Client without the Client’s written consent. The Coach will also not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
Client agrees that anything shared by Coach is confidential, proprietary, and belongs solely and exclusively to Coach. Client agrees to use anything shared by Coach for Client’s own educational purposes. Client will not redistribute or share Coach’s information, methods, or materials with anyone else. For example, Client may not use anything shared by Coach to offer coaching services to others.
Coach stores all Client data behind password protected accounts with third party companies (examples: Evernote, Google, Calendly, and others). Client agrees not to hold Coach or Marengo responsible if a data breach occurs.
Release of Information
The Coach engages in training, continuing education and pursuing additional credentials. That process requires the names and contact information of all Clients for possible verification by the International Coaching Federation (ICF). Check the box below to indicate whether you agree to have only your name, contact information and start and end dates, and frequency of meetings shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship. No personal notes will be shared.
[ ] I agree [ ] I do not agree
Topics and examples may be anonymously and hypothetically shared with others for education, training, supervision, mentoring, evaluation, and for Coach professional development and/or consultation purposes.
Coach will also share Client goals, and progress updates with Marengo.
LIMITATION OF LIABILITY
Except as expressly provided in this Agreement, the Coach and Marengo make no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach or Marengo be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client, Coach, and Marengo agree to attempt to mediate in good faith for up to 30 Days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
Entire Agreement, Severability, Waiver and Binding Effect
This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach, Marengo, and the Client.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of California without giving effect to any conflicts of laws provisions.
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
Last updated May 2021